Building Act 2004

On receiving an application under section 74, the construction occupations registrar must—

if satisfied that the building complies with subsection (2)—issue a certificate (certificate of regularisation) that the building is fit for occupation if each part of it is used only for the purpose stated in the certificate; or

in any other case—refuse to issue the certificate.

The building complies with this subsection if—

it is structurally sound and can withstand the loadings likely to arise from its expected use; and

contains reasonable provision for—

the safety of people likely to be in the building if there is a fire, including the provision of adequate facilities for leaving the building; and

the prevention and suppression of fire; and

the prevention of the spread of fire.

To decide whether the building complies with subsection (2), the construction occupations registrar—

may require the applicant to provide a written statement by a qualified licensed construction practitioner that deals with the matters mentioned in subsection (2) (a) and (b), or such of the matters as the registrar states; and

may consider the statement.

In this section:

is licensed under the Construction Occupations (Licensing) Act 2004; and

in the construction occupations registrar’s opinion, has sufficient expertise to provide a statement under subsection (3) that would help the registrar to decide whether the building complies with subsection (2).